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Apr 22, 2013
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. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over. and you're right, the enemy combatant thing was a nonstarter from the never going to happen. this is a criminal case in federal court in massachusetts, and that's where it will stay until it's resolved one way or another. >> it's going to take a while. thanks very much, jeffrey. much more on what's going on in this boston investigation coming up here in "the situation room" 0. >>> also, another terror plot released today, new information. canadian authorities announcing the arrest of two men believed to be part of a terror plot to attack a passenger train that may have been heading towards the united states,
. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over....
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Apr 22, 2013
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the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there has been some suggestion that can only last maybe 48 hours or so if he's formally named an enemy combatant, that would go on for days if not weeks. i guess that's the distinction. >> it's the length of time. right. the enemy combatant, if that designation were made, could go on for weeks or even months. but i just think it's important to emphasize that the obama administration has absolutely not considered that, has not considered that approach, and every terrorism suspect under either the george w. bush administration or the obama administration who was arrested on american soil has been treated as a criminal defendant in the united states courts. senator graham's proposal would an complete departure from that approach and i don't think there's any indication that's going to happen.that approach a there's any indication that's going to happen. >> and he's a naturalized u.s. citizen. only 19. but last
the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there has been some suggestion that can only last maybe 48 hours or so if he's formally named an enemy combatant, that would go on for days if not weeks. i guess that's the distinction. >> it's the length of time. right. the enemy combatant, if that designation were made, could go on for weeks or even...
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Apr 22, 2013
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just to confirm, this -- dzhokhar tsarnaev has not yet been read his miranda rights, correct? >> i have to say i don't know. because there was an initial appearance today, that's why this complaint is out. the circuit executive, the administrator of this area, has put out a statement saying there was an initial appearance before a magistrate judge. that is as far as i understand it an arraignment. i have never heard of an arraignment without an attorney present. they didn't mention an attorney present. if an attorney is present, the attorney will simply say to the client, you -- don't answer questions. at that point, the attorney is the person the prosecutor is supposed to deal with. i have to say, there is information out there that we don't have. whether an attorney was present, whether this was an actual arraignment, i think we just need to hold off on that until we get more information. >> we're holding off. still so early this all happened. >> before we let deb feyerick go and chase down that lead she was referring to, deb, i was wondering, is there anything else that sta
just to confirm, this -- dzhokhar tsarnaev has not yet been read his miranda rights, correct? >> i have to say i don't know. because there was an initial appearance today, that's why this complaint is out. the circuit executive, the administrator of this area, has put out a statement saying there was an initial appearance before a magistrate judge. that is as far as i understand it an arraignment. i have never heard of an arraignment without an attorney present. they didn't mention an...
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Apr 21, 2013
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the united states attorney's office advised us not to administer miranda rights. we gave that information out to our officers and i think all law enforcement was operating under those rules of engagement. >> back to the apartment real quickly. there were devices found in the apartment but you can't comment on what? >> no, i didn't say that. i can't comment on any evidence that was found there. sglp anything that was found in the apartment. are you confident that these two were acting alone and that there are no more suspects out there? >> i'm confident that they were the two major actors in the violence that occurred. i am very, very sure that during this thorough investigation we'll get to the bottom of the whole plot. that's all i can say right now. i told the people of boston that they can rest easily. the two people who were committing these vicious attacks are either dead or in custody. we cleared dozens of packages that had been dropped by people fleeing the scene. so everything was treated suspiciously. in a situation like this, bombers often target first r
the united states attorney's office advised us not to administer miranda rights. we gave that information out to our officers and i think all law enforcement was operating under those rules of engagement. >> back to the apartment real quickly. there were devices found in the apartment but you can't comment on what? >> no, i didn't say that. i can't comment on any evidence that was found there. sglp anything that was found in the apartment. are you confident that these two were...
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Apr 21, 2013
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the miranda right can be read at a later time. he has reportedly been shot through the throat, he is incubated and he can't talk now. there is time to do the investigation, to make a clear assessment and move from there. so i really regret all of this discussion. which is creating a conflict that need not be there. the administration is redty foreadyfor this. >> chris: let me bring in congressman king. despite the comments of feinstein do you think dzhokhar tsarnaev should be treated as enemy combatant? >> i think he should be treated as enemy combatant. there are so many questions unanswered and so many potential links to terrorism here. the battlefield was not in the united states so i believe he's enemy combatant. he would not be tried before military commission. he would be tried in civilian court and the statements taken from him cannot be used against him in the trial. right now, one of the only links we have as the chechen involve in the al-qaeda mov movement. are there other conspirators out there? where do they get the ra
the miranda right can be read at a later time. he has reportedly been shot through the throat, he is incubated and he can't talk now. there is time to do the investigation, to make a clear assessment and move from there. so i really regret all of this discussion. which is creating a conflict that need not be there. the administration is redty foreadyfor this. >> chris: let me bring in congressman king. despite the comments of feinstein do you think dzhokhar tsarnaev should be treated as...
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Apr 22, 2013
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government has not yet red dzhokhar tsarnaev his miranda rights. we'll discuss when the aclu's mike german joins us just ahead. i've always had to keep my eye on her... but, i didn't always watch out for myself. with so much noise about health care... i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile. not random statistics. they even reward me for addressing my health risks. so i'm doing fine... but she's still going to give me a heart attack. we're more than 78,000 people looking out for more than 70 million americans. that's health in numbers. unitedhealthcare. and "up to 75% lower copays." as a preferred pharmacy, walgreens can save you as much as 75% compared to other select pharmacies. walgreens, at the corner of happy and healthy. >>> when ruslan tsarni held court with the media on friday, he tried to give a snapshot of his nephews' lives, he also defended his heritage, as well as his newfound homeland. >> i respect this country, i love this country. this country, which gives chance to e
government has not yet red dzhokhar tsarnaev his miranda rights. we'll discuss when the aclu's mike german joins us just ahead. i've always had to keep my eye on her... but, i didn't always watch out for myself. with so much noise about health care... i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile. not random statistics. they even reward me for addressing my health risks. so i'm doing fine... but she's still going to give me a heart...
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Apr 16, 2013
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custody there are situations now where a lot of people would say, you don't need to read miranda rights right away. this decision -- if a very strong suspect is picked up or somebody could provide significant information, i think that decision, whether or not to mirandize could be -- >> presumably as the fbi is going through this, they are looking to make sure there are no secondary attacks, first priority, right, imminent threat. >> absolutely. >> and second of all, to make sure they maintain the possibility of ultimately getting a criminal conviction? >> absolutely. >> joining us is an eyewitness to the bombing. he ran the marathon and was in the medical tent when the explosions happened. joining us by phone from boston. describe what you were doing in the medical tent at what time and what the scene there was like. >> yeah. the first thing, this was wave three, so i was running -- i was a charity runner, so we started at approximately 10:40 a.m. then i finished just under four, my first under four, thus i pushed pretty hard mile 25 and 26. that means i was pretty winded, dizzy and fe
custody there are situations now where a lot of people would say, you don't need to read miranda rights right away. this decision -- if a very strong suspect is picked up or somebody could provide significant information, i think that decision, whether or not to mirandize could be -- >> presumably as the fbi is going through this, they are looking to make sure there are no secondary attacks, first priority, right, imminent threat. >> absolutely. >> and second of all, to make...
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Apr 16, 2013
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custody there are situations now where a lot of people are saying you don't need to read the miranda rights right away. if is strong suspect is picked up, or could provide significant information, i think that addition could be discussed between doj, fbi, the white house -- >> presumably as the fbi is going through this, they are looking to make sure no secondary attacks is the first priority, and then to make sure they maintain the possibility of getting ultimately a criminal conviction. >> absolutely. >> joining us now is an eyewitness, greg, ran the marathon and was in the medical tent with the explosions happened. he joins us by phone from boston. greg, zwrieb describe what you were doing in the medical tent at what time and what the scene there was like. >> yeah, the first thing to share, this was wave three, so i was a charity runner for the alzheim alzheimer's association. we started at 10:40 a.m., and i finished my first under four. hi pushed pretty hard in mile 25 and 26, what that means i was winded and dizzy, i was ready to faint. as i crossed the finish line one i asked f
custody there are situations now where a lot of people are saying you don't need to read the miranda rights right away. if is strong suspect is picked up, or could provide significant information, i think that addition could be discussed between doj, fbi, the white house -- >> presumably as the fbi is going through this, they are looking to make sure no secondary attacks is the first priority, and then to make sure they maintain the possibility of getting ultimately a criminal conviction....
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Apr 22, 2013
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read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the alleged master minds of the 9/11 attacks. if boston wants and all of america wants justy, the best way is to let the criminal justice system kick up and work. to make it up as we go along is foolhardy, unconstitutional, and frankly really un-american. >> anthony romero, executive director for the aclu. thank you for coming on the show this morning, sharing your views. appreciate it. >> thank you. >>> we're expecting to get an update, by the way, any minute now on the conditions of some of the boston bombing victims who are still in the hospital. >>> plus, how should t
read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the...
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Apr 22, 2013
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the magistrate issues the miranda warning. always the magistrate issues the miranda warning. and the part where it says if you can't afford to hire a lawyer, the court will give you one. that's the guy who gives it. the magistrate. >> on the answers, if you do get answers from a terrorist suspect, how do you distinguish between honest applies and appli applies, and reapplies that go to the investigation. >> that's for the investigators. can they determine if he is lying and the follow-up. >> all right. thank you so much for those insights. up next, the international connection. a whole host of theories about the boller's motives. what if anything did his beck ground play? ♪ if loving you is wrong ♪ i don't wanna be right [ record scratch ] what?! it's not bad for you. it just tastes that way. [ female announcer ] honey nut cheerios cereal -- heart-healthy, whole grain oats. you can't go wrong loving it. plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell h
the magistrate issues the miranda warning. always the magistrate issues the miranda warning. and the part where it says if you can't afford to hire a lawyer, the court will give you one. that's the guy who gives it. the magistrate. >> on the answers, if you do get answers from a terrorist suspect, how do you distinguish between honest applies and appli applies, and reapplies that go to the investigation. >> that's for the investigators. can they determine if he is lying and the...
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Apr 21, 2013
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. >> and they'll ask him questions at first without reading him his miranda rights. when do you expect charges to be filed? >> charges could come as early today. terror charges that could bring the death penalty. he won't be read his miranda rights. they're going to use the public safety can exception. they're taking this extraordinary step because there could be an imminent threat still out there. i just got off the phone, george, with a senior law enforcement, of deep concern of ammunition, guns and working bombs these men had. they were so disciplined. >> any indication of another sleeper cell? >> right now, no evidence of a broader plot involving more people here, but law enforcement officials say they can't take that chance. the investigation is full tilt to find that out. >> okay, pierre, thanks very much. let's get more on this from our team of analysis from our team, dan abrams, brad garrett and richard clarke. dan, let me begin with you. the question about the questioning of the witness, at least at first he will not be read his miranda rights. >> that's rig
. >> and they'll ask him questions at first without reading him his miranda rights. when do you expect charges to be filed? >> charges could come as early today. terror charges that could bring the death penalty. he won't be read his miranda rights. they're going to use the public safety can exception. they're taking this extraordinary step because there could be an imminent threat still out there. i just got off the phone, george, with a senior law enforcement, of deep concern of...
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Apr 23, 2013
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>> it's not clear whether he provided this information before or after he was read his miranda rights. i don't know. . i know, this is according to a government source, what he has told them in the preliminary investigations. >> jake tapper, thank you very much. obviously significant information there. new information from jake tapper. i want to bring in our panel live tonight. seth jones associate director of the security defense policy center at the rand corporation. former member of the joint terrorism task force and jeffrey toobin our legal analyst. jake is saying -- this is significant in terms of the information in this. but obviously a crucial question out there which is was it obtained before or after those miranda rights were read? >> the irony here is what he is saying is not particularly helpful to him. what would be helpful to him is if he had a conspiracy he could make the government to make a deal to avoid the death penalty. if he is simply saying it is me and my brother, what does he have to negotiate with? >> there's no one to else to give up. >> right. >> and frankly,
>> it's not clear whether he provided this information before or after he was read his miranda rights. i don't know. . i know, this is according to a government source, what he has told them in the preliminary investigations. >> jake tapper, thank you very much. obviously significant information there. new information from jake tapper. i want to bring in our panel live tonight. seth jones associate director of the security defense policy center at the rand corporation. former member...
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Apr 22, 2013
04/13
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so behavior mirandaizeing him the cops asked him where is the gun. before finding out asking if there were other bombs, beth i'm with you. but now they broadened it, besides asking about the becomes, ask him about other items. joe, it sounded like you were going to say one last thing on this. >> the last summation is in boston they've seen terror trials before, the richard reed trial. the shoe bomber, there was no miranda exception even then when there could and there was a direct link to an al-qaeda plot, and they ordered people to stay inside so they were confident that there was no explosive devices to begin with. i think it was a show of force by the federal government to let everybody know that they were doing everything they can short of torture, which is now illegal, to get information out of him. >> cenk: let me see if i can take this to the next level. peter king said he should be a combatant. >> i want the intelligence to save americans lives. and that's the only way to do that effectively if he's treated as enemy combatant. >> there is fin
so behavior mirandaizeing him the cops asked him where is the gun. before finding out asking if there were other bombs, beth i'm with you. but now they broadened it, besides asking about the becomes, ask him about other items. joe, it sounded like you were going to say one last thing on this. >> the last summation is in boston they've seen terror trials before, the richard reed trial. the shoe bomber, there was no miranda exception even then when there could and there was a direct link to...
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Apr 23, 2013
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miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's extremely rare. i do criminal defense work. i can tell you, the most you can hope for in a miranda case is one or two statements will not make it into court. it's rare the whole case falls out unless everything -- >> so it's not the poison fruit thing? >> there is a poison fruit provision, standard. but it's very rare for it to pollute an entire case. >> let me ask you practically, why don't the law enforcement officials, the federal officials up there who have him in custody at the hospital, why didn't they just do this
miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's...
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Apr 20, 2013
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do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just hope they don't go over that line. they have to make sure that they stay in that line you you want any prosecution to hold up. you want this person to be held accountable. >> what about treating him as an enemy combatant? what is your take on that? >> i don't know all the facts here to establish that yet. i'm not sure that most of us that aren't intimately involved with the investigation know all the niceties involved in making that determination. i would hesitate to make a leap to that point without having quite a bit more information. >> massachusetts congressman john tierney. congressman, than
do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just...
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Apr 21, 2013
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if they don't read him his miranda rights right away, you okay with that? >> well, look. i think the public safety exception is being greatly and overly expanded in this instance. the public safety exception as the supreme court laid out is for an instance when an officer walks up on a situation and sees an empty holster and says where's your gun. that's to prevent an imminent threat from happening right then. what they are doing now is really expanding that public safety exception to say really the fifth amendment applies when they say it does and i don't think the supreme court is going to uphold that down the line. the supreme court actually heard oral argument on a case very similar out of texas last week where their argument was the fifth amendment doesn't apply until we read the miranda rights. so we may have an answer to that sooner than we think. >> christopher -- >> would it make any difference -- i'm sorry, fred. just want a little follow-up. would it make any difference if the u.s. were to revoke his naturalized u.s. citizenship as far as the law is concerned?
if they don't read him his miranda rights right away, you okay with that? >> well, look. i think the public safety exception is being greatly and overly expanded in this instance. the public safety exception as the supreme court laid out is for an instance when an officer walks up on a situation and sees an empty holster and says where's your gun. that's to prevent an imminent threat from happening right then. what they are doing now is really expanding that public safety exception to say...
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Apr 17, 2013
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if he is a foreign national, he should be held by a military tribunal and not read his miranda rights. yes, susan collins, a voice of reason and bipartisan reason. telling reporters that if the person apprehended happens to be a foreign national -- what a disgrace and what an insult to the american system of justice. and what ignorance. the fifth amendment of the constitution which protects the right to due process is quite clear about who it applies to. it reads no person shall be held to answer for capital or otherwise infamous crime unless on a presentment or indictment of a grand jury. nor be deprived of life, liberty of process. not no citizen, no person. french national is arrested in a bar fight, he gets access to a lawyer, is arraigned, charged and tried. we don't have some special carve out in the law for foreigners. our laws are our laws. and yet 12 years after the horrors of 9/11, we created a new special carved out area of law. we have a republican rushing to repeat the same mistakes, to place the perpetrators outside of our normal league system. susan collins should take
if he is a foreign national, he should be held by a military tribunal and not read his miranda rights. yes, susan collins, a voice of reason and bipartisan reason. telling reporters that if the person apprehended happens to be a foreign national -- what a disgrace and what an insult to the american system of justice. and what ignorance. the fifth amendment of the constitution which protects the right to due process is quite clear about who it applies to. it reads no person shall be held to...
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Apr 22, 2013
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. >> while the obama administration has agreed to delay a reading of his miranda rights under a public safety exemption, secretary of defense chuck hagel has not seen evidence to link the bombings to terror groups. scrutiny turns to the fbi who reportedly questioned the older brother tamerlan in 2011 at the request of a foreign government. this is so interesting. of russia. the fbi told the a.p. despite interviewing him and relatives they did not find any activity. the agency dropped the ball. richard, i wonder if there is going to be a lot of questions and maybe even hearings out of this or what comes to mind just knowing those basic facts? >> there probably will be hearings of the fbi whether it learned more or could have done more. critics say that is monday morning quarterbacking. it ought to be about what we were talking about, what can we do to prevent or identify young people who are radicalized and how did we respond and how what did we learn about lockdowns. as the military would say it ought not to just focus on fbi. it's much bigger and much broader. we have to learn a lot f
. >> while the obama administration has agreed to delay a reading of his miranda rights under a public safety exemption, secretary of defense chuck hagel has not seen evidence to link the bombings to terror groups. scrutiny turns to the fbi who reportedly questioned the older brother tamerlan in 2011 at the request of a foreign government. this is so interesting. of russia. the fbi told the a.p. despite interviewing him and relatives they did not find any activity. the agency dropped the...
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Apr 20, 2013
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so whether or not you read miranda to this man when he wakes up, we know that medically he's unable to talk right now, he still knows he has a right to remain silent. so i'm not sure the enemy combatant label is going to sick. >> enemy combatant, that status is a bad idea. allen dur sho witch told piers morgan that there is no way a person in boston could be tried as an enemy dock bat tant. that's ignorance of the law. who is right here. >> it's too early to tell, but he is the guru. what he's pointing out is you do not want to mess this up. you don't want to get a confession or information without ma ran diezing him if in fact you cannot later label him as an enemy combatant then anything he says is subject to be so pressed and not in a court of law. go ahead, give him counsel, he's not going to get bond, ma ran diez him and conduct a thorough investigation so everything staunds up when we get him into a court of law. >> okay. there is no state death penalty in massachusetts. so the death penalty off the table in. >> no. don, this is an interesting thing. he is be charged by both fede
so whether or not you read miranda to this man when he wakes up, we know that medically he's unable to talk right now, he still knows he has a right to remain silent. so i'm not sure the enemy combatant label is going to sick. >> enemy combatant, that status is a bad idea. allen dur sho witch told piers morgan that there is no way a person in boston could be tried as an enemy dock bat tant. that's ignorance of the law. who is right here. >> it's too early to tell, but he is the...
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Apr 21, 2013
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they will question him without giving him a miranda warning. r they don't have a long time to do that, probably no more than a day or so. then he'll be begin his miranda warning and we'll see if he continues to talk. in other terrorism cases, surprisingly, these people do keep talking. >> mike rogers, chairman, do you have a view how he should be treated in the criminal justice system? or should he be an enemy combatant? >> he's a citizen of the united states. i think that brings all of those protections of the u.s. constitution. under the public safety exception, however, i do believe that the fbi has a period of time to try to determine what threats are there today. we don't know if there are other devices, if there's other people, and mirandizing him up front would be a horrible idea. now, it's my understanding that that's not going to happen. i had good conversations with the fbi. they are going to do their due diligence on the public safety portion. here is where the problem is. they're getting pressure from outside groups to actually do t
they will question him without giving him a miranda warning. r they don't have a long time to do that, probably no more than a day or so. then he'll be begin his miranda warning and we'll see if he continues to talk. in other terrorism cases, surprisingly, these people do keep talking. >> mike rogers, chairman, do you have a view how he should be treated in the criminal justice system? or should he be an enemy combatant? >> he's a citizen of the united states. i think that brings...
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Apr 23, 2013
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we know i think that is all part and parcel of the story, and i think also we would have heard pre-miranda whether or not during the public safety exception if he had provided any information about imminent threat, additional plans, additional co-conspirators. because we haven't heard from any government sources on it, we should conclude there was nothing else in terms of imminent threat. the next step is to get all of the statements from tsarnaev and then corroborate them. to corroborate them through into good intelligence work, through question and answering with russian intelligence, going through the computers, the phone records to see if what tsarnaev has said now in a hospital bed tracks with the other information we're going to be able to uncover. >> roger, how does it track with the fact that these guys were so inadequately supported that here they are doing a carjacking, grabbing a guy, try to get him to go to the atm, because whatever money they've had has been spent on fire power and pressure cookers and they don't have enough money to get out of town. >> so what is also part of
we know i think that is all part and parcel of the story, and i think also we would have heard pre-miranda whether or not during the public safety exception if he had provided any information about imminent threat, additional plans, additional co-conspirators. because we haven't heard from any government sources on it, we should conclude there was nothing else in terms of imminent threat. the next step is to get all of the statements from tsarnaev and then corroborate them. to corroborate them...
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Apr 22, 2013
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we now that dzhokhar, suspect number two, has been read his miranda rights. sow won't be designated as an enemy combatant. but if he was labelled an enemy combatant, he wouldn't have been entitled to a lawyer and a jury trial. they could have asked him a lot of other questions without a lawyer present that may or may not be relevant to national security. now why did they make this decision not to go for enemy combatant status? do they think they have so much evidence in this case that they can go ahead with the civilian jury trial and they don't need to hide behind enemy combatant? >> i think that is certainly part of it. it does look like an overwhelming body of evidence. more than that, they thought they could get the immediate information they needed by the miranda exception, the public safety exception so they could make sure the public was safe. there accident seem to be an constitution aal basis to treat someone that commits a crime like this on our soil. the supreme court has upheld treating an american, the american taliban hamdi captured in afghanist
we now that dzhokhar, suspect number two, has been read his miranda rights. sow won't be designated as an enemy combatant. but if he was labelled an enemy combatant, he wouldn't have been entitled to a lawyer and a jury trial. they could have asked him a lot of other questions without a lawyer present that may or may not be relevant to national security. now why did they make this decision not to go for enemy combatant status? do they think they have so much evidence in this case that they can...
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Apr 23, 2013
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he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist prosecution. they don't have to prove intent to terrorize, intent to intimidate. they can prove their case just through the videotapes. now, i predict there are going to be two types of possible defenses in this case. number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me do it, i am innocent, look at my face, look at my high school record, i really didn't mean it, don't give me the death penalty. i think from what we have heard now, the jihad defense seems like it is off the table. he is prepare
he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist...
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Apr 23, 2013
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all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done before in american history to have some sort of hybrid combatant and criminal proceeding. we do know from jake tapper's reporting, there was an interrogation of tsavraev. and he did disclose his position that there was no broader conspiracy here. just him and his pressure. it seems like the justice department and the fbi have done the kind of interrogation that at least -- that lindsey graham seems to want to have been done, perhaps not as extensive as it might have been. but there was a premiranda interrogation and authorities can work with that, at least now going forward. >> i think that's a fair point.
all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done...
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Apr 21, 2013
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any time we question him about his guilt or innocence, he's entitled to his miranda rights and a lawyer. but we have the right under our law -- i've been a military lawyer for 30 years, to gather intelligence from enemy combatants. and a citizen can be an enemy combatant. he is not eligible for military commission trial. i wrote the military commission in 2009. he cannot go to military commission. >> so a civil trial no matter what. right. >> in my view a civil trial, it should be a federal trial. >> right. and senator schumer, i know you agree this should go to a federal court. i want to quick read you something that one of your colleagues said. this is from senator carl levin, the chairman of the armed services committee. and in response to senator graham and others saying this man needs to be treated as a terrorist, this is what senator levin said. i am not aware of any evidence so far that the boston suspect is part of any organized group let alone al qaeda, the taliban or within of their affiliates. in the absence of such evidence, i know of no legal basis for his detention as an e
any time we question him about his guilt or innocence, he's entitled to his miranda rights and a lawyer. but we have the right under our law -- i've been a military lawyer for 30 years, to gather intelligence from enemy combatants. and a citizen can be an enemy combatant. he is not eligible for military commission trial. i wrote the military commission in 2009. he cannot go to military commission. >> so a civil trial no matter what. right. >> in my view a civil trial, it should be a...
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Apr 22, 2013
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that window now has closed that limited scope that they were able to focus on before reading him his miranda rights? >> not necessarily. that could go independently. i guess now that they've had this initial appearance, i suppose that's a fair assumption. it isn't automatic but that's probably right. >> what about michael isikoff, our colleague is reporting that i.c.e. homeland security has focused on new bedford, massachusetts and two individuals were taken in for immigration violations and they apparently are friends of tamerlan tsarnaev. can you tell me any more about that? >> these are people, i presume he is talking about people detained in new bedford, massachusetts on friday evening. the fbi has been trying to investigate whether they had any knowledge of this. whether they had any role in it. they seem to have concluded that they don't. but they're being held for now on immigration charges pending further investigation. >> and before i let you go, i know you have more to cover. 2009, this police report of tamerlan tsarnaev being arrested on domestic violence allegations. that has bee
that window now has closed that limited scope that they were able to focus on before reading him his miranda rights? >> not necessarily. that could go independently. i guess now that they've had this initial appearance, i suppose that's a fair assumption. it isn't automatic but that's probably right. >> what about michael isikoff, our colleague is reporting that i.c.e. homeland security has focused on new bedford, massachusetts and two individuals were taken in for immigration...
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Apr 17, 2013
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and one of our justice producers is saying there is not an arrest yet, apprehension, an arrest, miranda rights being processed, these can all mean different things to different people in the cloud of this. but i am told by a boston law enforcement source that they believe that they have the suspect. >> with anderson cooper here now, word of an arrest here and the boston marathon attacks. we have heard the u.s. federal marshals have taken the suspect to the courthouse that would be obvious procedure in a federal investigation. we believe it all started with videotape they were analyzing from a store across the street from the second explosion, we believe it was a lord & taylor, a man was identified, putting down something that officials believe proximated the type of bag that was holding what they thought was an explosive device in one of these that we have been showing you all morning. one of these pressure cookers. and they found him. we're not exactly sure. we don't know what the procedure was, what they cross referenced to find this particular individual. juliette and john said may h
and one of our justice producers is saying there is not an arrest yet, apprehension, an arrest, miranda rights being processed, these can all mean different things to different people in the cloud of this. but i am told by a boston law enforcement source that they believe that they have the suspect. >> with anderson cooper here now, word of an arrest here and the boston marathon attacks. we have heard the u.s. federal marshals have taken the suspect to the courthouse that would be obvious...
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Apr 24, 2013
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establish who is going to handle these crimes but there is no need to rush over here and read any kind of miranda rights or arraignment for a local crime here at this hospital because that young man is not going anywhere and there is no federal statute of limitations or state statute of limitations with regard to murder. they have all the time in the world they want if they want to prosecute him for any kind of murder in the neighboring county, wolf. >> and security is very, very tight over there at the beth israel deaconess medical center. ashleigh, thanks very much. >>> coming up, he is only a couple doors down from one of the bombing sites and he took in victims just after the blasts occurred. ahead, my interview with a restaurant manager struggling to get his business back up and running. >>> plus, a dancer wounded in the blast now faced with the challenge of dancing without her left foot. >> i have moments where i just throw water bottles across the room and throw my walker and get angry and mad that someone did this to me. [ indistinct shouting ] ♪ [ indistinct shouting ] [ male announcer
establish who is going to handle these crimes but there is no need to rush over here and read any kind of miranda rights or arraignment for a local crime here at this hospital because that young man is not going anywhere and there is no federal statute of limitations or state statute of limitations with regard to murder. they have all the time in the world they want if they want to prosecute him for any kind of murder in the neighboring county, wolf. >> and security is very, very tight...
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Apr 23, 2013
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he was read his miranda rights from his hospital and he will have access to a lawyer. the 19-year-old has been described as cooperative during questioning. forced to write his answers or nod yes or no. he told officials he and his brother came up with the idea for the attacks on their own, finding internet resources to learn how to make bombs. he has been assigned three public defenders and could very well face the death penalty. a weekend search of dzhokhar's college dorm room turned up a black jacket, a white hat and similar to the one in the surveillance photos he was allegedly wearing. investigators also want to question tamerlan tsarnaev's wife. the couple initially met at a nightclub. she later converted to islam, dropped out of college and had a child with him. her attorney has said that she had no suspicions that her husband might be plotting an attack. hundreds of people stood in silence at copley square at 2:50 p.m. one week after the bombings. president obama marked the moment of silence from the white house. the u.s. senate held a similar tribute on capitol
he was read his miranda rights from his hospital and he will have access to a lawyer. the 19-year-old has been described as cooperative during questioning. forced to write his answers or nod yes or no. he told officials he and his brother came up with the idea for the attacks on their own, finding internet resources to learn how to make bombs. he has been assigned three public defenders and could very well face the death penalty. a weekend search of dzhokhar's college dorm room turned up a...